Dillard v. Krise

Citations

• 86 Va. 410
• 10 S.E. 430
• 1889 Va. LEXIS 57

Syllabus

<p>1. Chancery Practice—Publication of notice.—When notice of taking an account is ordered to be given by publication in a newspaper under Code 1887, sec. 3321, there must be at least twenty-eight days between the first insertion and the day of taking the account.</p> <p>2. Idem—Debts—Liens and priorities.—If commissioner’s report fails to state the debts, their priority and amounts, and if it shows a debt to be a lien on the land of a surety, but fails to show the liabilities and assets of the principal, it should be recommitted.</p> <p>3. Judicial sales—Rents and Profits—Where creditors’ bill alleges that the debtor’s land will not sell for enough to pay the liens in five years, and the answer denies the allegation, the court must ascertain their annual value with reasonable certainty before decreeing sale.</p> <p>4. Commissioner—Creditor—Account.—Commissioner, who is a creditor and a party to suit to subject debtor’s land to pay his lien debts, is incompetent to take an account ordered therein.</p>